Commentary

A6.708 Discovery—prevailing practice

Administration and compliance

A6.708 Discovery—prevailing practice

A6.708 Discovery—prevailing practice

Note that the commentary below refers only to the legislation as it applies to individuals, but unless otherwise stated, it can be assumed that it also applies to partnerships and companies.

The first of the discovery protections referred to at A6.707 is the prevailing practice protection in TMA 1970, s 29(2). This reads as follows.

'(2) Where—

(a) the taxpayer has made and delivered a return under section 8 or 8A of this Act in respect of the relevant year of assessment, and

(b) the situation mentioned in subsection (1) above is attributable to an error or mistake in the return as to the basis on which his liability ought to have been computed,

the taxpayer shall not be assessed under that subsection in respect of the year of assessment there mentioned

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